dl0711
join:2004-06-27
London, ON
| Rogers took my payment that has my own EUA LOL rogers took my payment that has my own EUA.
NOTE: This End User Agreement was approved by a lawyer
Front of Money order
Back of Money order
Receipt of payment to Rogers
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 Section32
join:2005-01-28
North York, ON | Re: Rogers took my payment that has my own EUA ROFL Hahaha.. I can't believe it was approved by a lawyer. | |
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 | dl0711
join:2004-06-27
London, ON
1 edit | Re: Rogers took my payment that has my own EUA well believe it because it was.
I have a Friend that is a lawyer also my Uncle is a lawyer took them about a Month to look into this and they said its Legal. | |
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Cuchulainn
The Roar of the Masses Could be Farts
join:2000-11-09
Chevy Chase, MD
 ·Verizon FIOS
1 edit | Re: Rogers took my payment that has my own EUA said by dl0711  :well believe it because it was. I have a Friend that is a lawyer also my Uncle is a lawyer took them about a Month to look into this and they said its Legal. Look at your TOS - especially one of the last provisions called "merger" or "entire agreement" or something like that.
It will say that the TOS is the entire agreement and nothing can amend it unless in a writing signed by Rogers (ps - mechanical endorsment of your check doesn't qualify)
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Sure eagles can fly high. But weasels don't get sucked into jet engines.
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Talon88
The One
join:2003-08-13
Toronto | :::
Good work dl0711, you always give us some surprise...!
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dynamx
join:2004-12-05
XXXXXX | hahahahaha....that's hilarious...well done! | |
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| dl0711
join:2004-06-27
London, ON
| Re: Rogers took my payment that has my own EUA "Your name" Payment End User Agreement to Rogers
By taking this payment and any other payments that "Your name" gives you
you agree to the terms listed below.
Rogers agrees to forfeit rights and privileges mentioned in the End-User Agreement Section 1 to 26; Subsequent changes are subject of the sole discretion of "Your name"
Rogers agrees to forfeit the right to Cap/throttling my Internet service
Rogers agrees to keep my internet service as Unlimited Hi-Speed Internet Extreme 5.0 Mbps download and 800 Kbps upload and not to increase the price plan
LEGAL
1.) Failure to take my payment - if you fail to take my payment as is then you give up the right to go after me for money and also give up the right to disconnect my service
2.) If you decide to use my payment – you also give up the right to disconnect me in the future
NOTE: This End User Agreement was approved by a lawyer | |
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chriskay
Premium
join:2004-03-09
Toronto, ON | So... what? Are you going to sue them if they don't abide by your EUA? | |
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| dl0711
join:2004-06-27
London, ON | Re: Rogers took my payment that has my own EUA well what do u think ? if i was to not make my own and if i did not abide by Rogers EUA what do you think they would do ? THINK ABOUT IT | |
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insomx
Premium
join:2003-01-26
Canada
 ·Aliant Communicati..
| Re: Rogers took my payment that has my own EUA They disconnect customers who fail their EUA. If they fail yours, well, you can go find another company to receive internet from. No suing involved. What a waste of time.
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»monctonhigh.ca | |
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| | | dl0711
join:2004-06-27
London, ON | Re: Rogers took my payment that has my own EUA Oh i will sue. i have a friend that is a lawyer and my Uncle is also a lawyer so i don't have to pay anything to sue them. I like knowing people who are lawyers. | |
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| | | | | dl0711
join:2004-06-27
London, ON
| Re: Rogers took my payment that has my own EUA quote:
Rogers is buying from you.
1.) Contract with Building
2.) The service I provide is me being a Customer to them. They provide me the service and the service I provide to them is paying for the services that they provide me.
quote:
something written on the back of a cheque doesn't really qualify as an "End User License Agreement"
Yes it does. Why does u say that it doesn’t?
Also Rogers can try and Bring there lawyers my uncle works as a lawyer for the Canadian Gov. and my friend lawyer works as a lawyer for Microsoft.
And remember Microsoft is teamed up with Bell so most likely is there is any cost LOL bell would help pay to see this stand up in the Courts. | |
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| | | | | | darrylr
join:2003-02-10
Nepean, ON | Re: Rogers took my payment that has my own EUA LOL!
-Darryl | |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
 ·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| Putting conditions onto a cheque as conditions for cashing no longer holds up in a court unless the payee has been informed of the conditions by letter and has acknowledged the terms.
I think you need to learn a bit more about contract law. You are exchanging legal tender for goods or services, therefore you are the service user, and they are the service provider. Their business is not purchasing legal tender in exchange for providing internet service; it is providing internet service in exchange for legal tender.
Therefore Rogers have us pretty well wrapped up. Since internet service has NOT been defined as an essential service, they are under absolutely no obligation to provide you with service. Now while there are clauses in which you supposedly give up legal rights, courts do take a dim view of such clauses, their right to terminate your service with notice for any reason they choose is not such a clause. It's likely that if you attempt to enforce your EUA, through the courts, they will simply terminate your service as is their right.
Remember that empires the size of Rogers don't just employ lawyers, they have their own staff legal departments and they don't hesitate to use them, if only to wrap up their opponents in costly pretrial wranglings ... to the point where the cost would far exceed your pockets or your pro bono lawyer friends.
Remember that your lawyer friend working for Bell is in no position to challenge the EUA, because you'll find that most ISPs have astoundingly similar EUAs, and therefore, to shoot down Rogers EUA will be shooting down Bell's EUA. Not likely.
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I am not a lawyer and don't play one on TV. This is a personal analysis for discussion only. It is not a legal opinion and should not be used in place of retaining legal counsel. | |
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nitzguy
Premium
join:2002-07-11
Sudbury, ON | Re: Rogers took my payment that has my own EUA Couldn't have said it any better myself sbrook  . | |
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Trini100
join:2005-03-08
Mississauga, ON | im gonna be canceling my rogers tomorrow..3web here i come
anyone know any good cable tv providers?? | |
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sturner16
@cable.rogers | I highly doubt that any company, whether it be MS or Bell would support you in this endeavour if you were to sue, for the most obvious of reasons. | |
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ender78
join:2002-10-17
Mississauga, ON | Since this cheque likely never made it into the hands of a Rogers employee, I don't know what case you have. Second, you agreed to Rogers' agreement before sending this cheque making theirs superseed yours. | |
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mepadre
join:2003-08-15
Waterloo, ON
1 edit | Having reviewed the text on the cheque, my opinion is that a 'semi-competent' and 'semi-conscious' lawyer would rip this contract to pieces. I can only hope that your lawyer 'friend / uncle' did not formally review the text of the document.
Secondly, I trust you realize that you also contracted yourself to a lower rate should Rogers ever decide to increase their service levels (i.e. to 7 Mbps down and 1Mbps up). | |
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| darrylr
join:2003-02-10
Nepean, ON | Re: Rogers took my payment that has my own EUA Did the Rogers person have a smirk on their face when they "accepted" it?
-Darryl | |
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Wrath
join:2000-10-31
Philadelphia, PA | I love it. | |
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Wrath
join:2000-10-31
Philadelphia, PA | Re: Rogers took my payment that has my own EUA But wouldn't a signature on the back of the check (at the time of cashing) warrant a signature from the other party?
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mepadre
join:2003-08-15
Waterloo, ON
| Do you really think that Rogers signs the back of each and every cheque? I would suggest, at the most, that it is stamped with something along the lines of 'For deposit only to the account of Rogers Communications Inc.'.
Additionally, given the remote possibility that it is signed by a Rogers peon, I would suggest that they would not have the authority to bind the company by way of contract. | |
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treetop1000
join:2003-11-07
Lexington, KY
| There are limits to what you expect me to believe.
I -DO NOT- believe you actually had "a lawyer" look at this "device" as a legally binding agreement. If you know anything about law, you will remember that a contract agreement MUST be signed and retained by both parties -before- services are rendered, or goods delivered, or whatever. You signed up with them, remember? You'll find in there somewhere, that -they- are the only parties who can change the agreement, and the terms of the agreement are chosen by them, NOT YOU.
Basically, you agreed to pay them to provide a specified service, and they got you to sign a form that says "we get x dollars/month, we provide x capacity/month. And oh yes by the way, these terms are non-negotiable and these terms may be changed AT OUR DISCRETION.
And then *you* signed (accepted the terms)on it.
There will be NO changes to that document unless -they- author them, and any changes YOU make to the agreement will be considered null and void because they did not author those changes.
Do not make the assumption that there is a way to hold them to terms that they did not agree to beforehand.
THEREFORE I BRAND YOU TROLL! | |
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| harryhoudini
join:2003-02-05
Los Angeles, CA
2 edits | Re: Rogers took my payment that has my own EUA Merchant payment checks go directly to processing centers for crediting to accounts. Once updated, they are sent to the merchant’s financial institution for clearing and placement of the “Credit to the account of” stamp and MICR encoding. They are not actually signed. In fact, many times checks written to a specific merchant are sent to the wrong merchant and still clear. Processing of debits is primarily done via automated means and many times do not get caught unless one of the parties files a dispute or notices the discrepancy.
Also, I don’t know how a lawyer would approve such a poorly written contract. I mean, “Go after me”. {moderated} It is almost written like a chain e-mails or letter. “The end user agreement was approved by a lawyer and says that if Rogers has EUA then the end user can have a EUA. What will we see next? Will it get posted on snopes.com? | |
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The Folsom
Kindly Shut Your Noise Hole.
Premium
join:2003-01-31
Yucaipa, CA
·Verizon FIOS
| Nicely done... If your ISP renegs on your EUA, I think you will have a big fight on your hands. Keep us posted from time to time, please.
Kudos.
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Who is "Roger" and why is everyone calling him on the radio?»www.folsomtech.com | |
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insomniac84
join:2002-01-03
Schererville, IN
| I have seen checks from advertising companies that if you cash you agree to opt into a monthly pay service that can be cancelled at any time. Those checks work, so there is no reason this check won't. I have to say its a damn good idea. All they have to do is cash the first one and they are screwed.
Some people are saying you can't do this because you could put any terms on the back, but the thing is you can. No one forced the recipient to cash it and accept the terms. If you owed them money, they could reject that check and say you still owe them and then just screw your credit rating like they would in any non payment situation. | |
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sbrook
Premium,Mod
join:2001-12-14
H0H 0H0
·Rogers Hi-Speed
Host:
Rogers
Bell Canada
| Re: Rogers took my payment that has my own EUA said by insomniac84 :I have seen checks from advertising companies that if you cash you agree to opt into a monthly pay service that can be cancelled at any time. Those checks work, so there is no reason this check won't. I have to say its a damn good idea. All they have to do is cash the first one and they are screwed. Some people are saying you can't do this because you could put any terms on the back, but the thing is you can. No one forced the recipient to cash it and accept the terms. If you owed them money, they could reject that check and say you still owe them and then just screw your credit rating like they would in any non payment situation. Not only is that stipulated on the check, it is also stipulated in the accompanying literature. Moreover the check is unsolicited.
In this case, there is an existing agreement in place that describes the nature of the business contract which that cheque is deemed to honour. | |
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Chameleon
Premium
join:2004-11-24
Virden, IL | Why not push it?
Download as much as you can and push the limits to see if they drop you.
What can it hurt?
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"...naive posters are often mislabeled as trolls." | |
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Zeb
Premium
join:2000-07-10
Lewisville, TX | "I HAVE FRIENDS THAT ARE LAWYERS AND MY OTHER FRIEND IS A LAWYER I LIKE HAVING FRIENDS THAT ARE LAWYERS"
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what? is this person 12? | |
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captokita
Premium
join:2005-02-22
Calabash, NC | So what's next?
Can you then make it state "By cashing this payment you agree to provide DSL services for free for the term of one year." and expect it to work?
No, you couldn't.
Nice try tho | |
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jakoe420
join:2003-09-05
Knoxville, TN
clubs:
1 edit | Upon reflection, I do not wish to post. Take me back! | |
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